Terms of Service & Conditions

1. Acceptance of the Terms of Use

This Website, http://somos.presente.org/ (the “Site”) is operated by Presente (“We” or “Us” or “Presente”). Presente is a non-profit organization legally incorporated in the State of California.

The purpose of the SOMOS Presente (“SOMOS”) Website is to facilitate your leadership to change the issues you care about most, through accordance with Presente’s mission of utilizing the internet to strengthen the Latinx political voice, and ensuring that the diversity of Americans are represented, served, and protected - regardless of race or class.

To use SOMOS, you must agree to the following Terms of Use. Agreeing to these terms and conditions is your commitment to use the Website only in its intended purposes. In addition, the Terms of Use establish what purposes Presente will not permit and for what Presente will not be liable.

Please read the Terms of Use carefully before you start to use the site so you understand what is and is not permitted. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound by and to abide these Terms of Use and any additional documents or policies referred to in these terms, whether you are participating as a guest or as a registered user. If you do not agree to the Terms of Use, you will not be allowed to continue using the website and will be exited.

2. Creating a Campaign

2.1 You may use our Website to create one or more campaigns to advocate any cause that is consistent with Presente’s mission, and does not promote hatred, violence, discrimination or stereotypes based on race, gender, ethnicity, nationality, class sexuality or religion. 2.2 To create a campaign using our Website, you must set up an account with us. When setting up your account, you must provide information about yourself that is true, current and complete and change it when necessary to represent current accuracy. 2.3 You are solely responsible for maintaining the confidentiality and security of your account. You are also solely responsible for all activities conducted through your account. 2.4 You must notify us immediately of any unauthorized use of your account. We will not be liable for any loss or damage arising in connection with any unauthorized use of your account. 2.5 When you provide us with your email address and, at your option, your mobile phone number, you consent to receiving messages (including by email, SMS and/or MMS):

a. From the individuals and organizations who have signed your campaign; b. From Presente, in relation to your campaign and other campaigns created on our Website; and c. From our trusted partners in relation to other campaigns and causes that we think may be of interest to you. 2.6 You may unsubscribe from messages sent by us and/or our trusted partners at any time by clicking on the “unsubscribe” link at the bottom of our emails. 2.7 As the creator of a campaign, you will have access to the names phone numbers and other personal information of the individuals signing your campaign, either for him/herself or on behalf of an organization (“Campaigners' Details”). 2.8 You may use the Campaigners' Details for the sole purpose of sharing information directly relating to the campaign (such as sending updates on the number of signatures reached). You must not send more than 3 messages per week to any individual or organization. 2.9 You must immediately stop sending messages (including by email, SMS and MMS) to anyone who asks to be unsubscribed from your communications. 2.10 You acknowledge that Presente has no control over the messages sent to you by the individuals or organizations who sign your campaign. 2.11 You release and forever discharge us from any liability, action, claim, loss or damage you suffer or incur relating to, or in connection with, any campaign you create on our website and any messages you receive from other users of our Website.

3. Signing a Campaign

3.1 If you would like to sign any campaign on our website, you must provide us with information about yourself that is true, current and complete. You do not need to set up an account with us to sign a campaign.

a. From the creator of the campaign in relation to the campaign you have signed b. From us in relation to other campaigns created on our website; and c. From our related bodies corporate and trusted partners in relation to other campaigns and causes that we think may be of interest to you.

3.3 You can unsubscribe from messages sent by us and/or our related bodies corporate and trusted partners at any time by clicking on the “unsubscribe” link at the bottom of our emails.

3.4 You acknowledge that: a. When you sign a campaign on our website, your name, postalcode and (if you have supplied it) your mobile phone number will be made available to the creator of the campaign; b. The creator of the campaign may export the campaign, together with any information you have posted on our website in connection with the campaign (including your name, post code, phone number and comments), and provide the campaign to the individual or organization being petitioned and/or otherwise publish, broadcast, communicate and display publicly your involvement in the campaign; and c. Where appropriate and at our discretion, we may disclose your email address to the creator of the campaign for the purpose of providing it to decision makers or presenting the petition to the individual or organization being petitioned; and d. We have no control over the messages sent to you by the creator of the campaign. 3.5 You release and forever discharge us from any liability, action, claim, loss or damage you suffer or incur relating to, or in connection with your involvement in any campaign you sign on our website (including any messages you receive from the creator of a campaign) and any messages you receive from other users of our website.

4. Your Content

4.1 You warrant that all text, images and other content you post on our website (Your Content) is your original work and/or to the extent that Your Content includes any text, images or other content owned by a third party, you warrant that you are licensed to use and reproduce such content on our website. 4.2 You understand and agree that we may, in our sole discretion and without notice, edit and/or remove any campaign you have created on our website or any of Your Content which we believe violates these Terms of Use or which is or may be offensive, illegal, defamatory, or infringe the rights, or threaten the safety, of others. 4.3 By submitting and posting your content on our website, you give us and our trusted partners a perpetual, irrevocable, worldwide, royalty-free and non-exclusive license to use, modify, reproduce, publish, broadcast, communicate, display and distribute Your Content in any format, using any medium, for the purpose of promoting your campaign and promoting the work of Presente and its trusted partners. This license includes, but is not limited to, the right to discuss Your Content with media outlets and members of the press.

5. Using our Website

5.1 Our website is available for your personal and noncommercial use only. 5.2 We do not endorse or authorize any campaigns on our website. 5.3 You must use our website in accordance with these Terms of Use only for lawful purposes and in a way which does not infringe the rights of anyone or restrict or inhibit anyone's use of our website. 5.4 You must not harvest or collect email addresses, mobile phone numbers or other personal information about other users of our website for the purpose of sending unsolicited commercial messages or for any other purpose. 5.5 We update and carry out maintenance on our website regularly, so we may have to suspend access, service or functionality on our website from time to time, without notice. We will not be liable if, for any reason, our website is not available at any time or for any period of time. 5.6 Our website may contain links to third party sites and resources. We have no control over those sites, and will not be liable for any loss or damage you suffer or incur when you use a third party site or resource. 5.7 We own, or are the licensee of, the intellectual property rights in the content of our website, including text, photos, images and trademarks. You may not use these names without the prior written permission of Presente. 5.8 The site may not be used to garner votes for any political party or candidate.

6. Closing your account

6.1 We may suspend or cancel your account at the sole discretion of Presente, if you fail to comply with your obligations under these Terms of Use. 6.2 If your account is suspended or closed for any reason, you will not have access to the account (including Your Content). We recommend that you regularly back-up of Your Content.

7. Liability

7.1 You use our website at your sole risk. 7.2 We provide our website on an “as is” basis. We do not represent or warrant that the operation of our website will be secure, confidential, uninterrupted, error-free, accurate, complete or current. 7.3 Except where we are unable to exclude our liability by law, we will not be liable to you for any loss or damage, however it arises, whether in contract, statute of tort (including negligence), arising out of, or in connection with, your use of (including inability to use) our website. 7.4 We exclude liability for any loss of profit, loss or corruption of data, special, exemplary, punitive, incidental, indirect or consequential loss or damages suffered or incurred or arising in connection with our website, or in connection with any act or omission by us (negligent or otherwise). 7.5 You indemnify us against all liability, action, claim, loss or damage arising out of, or in connection with, Your Content, your use of (or inability to use) our website, any breach of our Terms of Service, and your conduct with respect to our website and other users of our website.

8. Account Security

8.1 By registering with [SOMOS Presente], you will receive a password and personal account information. You are responsible for maintaining the confidentiality of the password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Presente of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Presente and will not be liable for any loss or damage arising from your failure to comply with this Section.

8.2 Whenever Presente handles information that you enter on our Site, we take steps to ensure that your information is treated securely and in accordance with the relevant Terms of Use and Privacy Policy. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, Presente cannot ensure or warrant the security of any information you transmit to us or from our online products or services, and you do so at your own risk. Once we receive your transmission, we make our best effort to ensure its security on our systems.

9. General Terms

9.1 We reserve the right to change any or all of these terms and conditions, and/or add new terms and conditions at any time. When we do so, we will make a new copy of these Terms of Use available on our website. Your continued use of our website will be deemed to constitute your acceptance of such changes. 8.2 These Terms of Use set out the entire agreement between you and us relating to your use of our website and supersedes all prior discussions and communications. 8.3 There is no relationship of employment, partnership, agency or fiduciaries between you and Presente. 8.4 This agreement is governed by and construed under the laws of California.

Prohibited Uses

You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site: In any way that violates any applicable national, regional, federal, state, local and international law or regulation. For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise. To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms. To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation. To impersonate or attempt to impersonate Presente or a Presente employee, another user, or person or entity (including, without limitation, the use of e-mail addresses or screen names associated with any of the foregoing), or to register to use the site on behalf of any group or entity. To harvest or collect email addresses or other contact information of Users from the Service or the Site by electronic or other means for any purpose.

To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm Presente or users of the Site or expose them to liability. For any commercial purpose.

Additionally, you agree not to:

Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site. Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including to monitor or copy any of the material on the Site.

Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.

Use any device, software or routine that interferes with the proper working of the Site. Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site. Attack the Site via a denial-of-service attack or a distributed denial-of-service attack. Otherwise attempt to interfere with the proper working of the Site.

You agree to indemnify and hold Presente, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, representatives and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Site, your use of the Site, your connection to the Site, your violation of the Terms of Use, or your violation of any rights of another.

Dealings With Advertisers and Merchants

Your correspondence or business dealings with, or participation in promotions of, advertisers and/or merchants found on or through the Site, including payment and delivery of related goods or Sites, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser and/or merchant. You agree that Presente shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers and/or merchants on the Site.